SB461 H JUD AM 4-8 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof, the following language:
§22-11-6. Requirement to comply with standards of water quality
and effluent limitations.
All persons affected by rules establishing water quality
standards and effluent limitations shall promptly comply therewith:
Provided, That where necessary and proper, the chief may specify a
reasonable time for persons not complying with such standards and
limitations to comply therewith, and upon the expiration of any
such period of time, the chief shall revoke or modify any permit
previously issued which authorized the discharge of treated or
untreated sewage, industrial wastes or other wastes into the waters
of this state which result in reduction of the quality of such
waters below the standards and limitations established therefor by
rules of the board or director. The Legislature finds that there
are concerns within West Virginia regarding the applicability of
the research underlying the federal selenium criteria to a state
such as West Virginia which has high precipitation rates and free-
flowing streams and that the alleged environmental impacts that
were documented in applicable federal research have not been
observed in West Virginia and, further, that considerable research
is required to determine if selenium is having an impact on West Virginia streams, to validate or determine the proper testing
methods for selenium and to better understand the chemical
reactions related to selenium mobilization in water. For existing
NPDES permits, the Department may extend the time period for
achieving water quality-based effluent limits for selenium
discharges into waters supporting aquatic life uses is extended to
July 1, 2012, upon compliance with all federally required public
notice requirments for such modifications, upon a finding that the
permittee cannot comply with its existing compliance schedule and
that an extension is not in violation of any state or federal laws,
rules or regulations. The West Virginia Department of
Environmental Protection is hereby directed to undertake a
comprehensive study relating to selenium and prepare a report
detailing such findings and submitting the report to the Joint
Committee on Government and Finance no later than January 1, 2010.
In conducting such study, the West Virginia Department of
Environmental Protection shall consult with, among others, West
Virginia University and the West Virginia Water Research Institute.